H-4 spouses of H-1B workers and Work Authorization

Good news for H-4 spouses of some H-1B workers. If you are in H-4 status and your spouse either has an approved I-140, or if your spouse is permitted to renew H-1B status in three-yer increments beyond the six-year limit, you may file an application for permission to work in the US beginning May 26, 2015. H-4 work permission For answers to frequently asked questions click on FAQ’s.

H-1B Update from USCIS

H-1B

H-1B  Update:  USCIS  announced today that they have completed the data entry for all H-B cap subject petitions filed in April 2015.  They will now begin the process of returning H-1B cap-subject petitions that were not selected by the H-1B lottery.  USCIS requests that H-1B petitioners refrain from contacting them about the status of these petitions until receiving either a receipt notice or an unselected petition is returned.  USCIS will make an announcement once it has completed returning unselected petitions. They are not able to provide a time-frame on this process due to the high volume of filings this year.

 

H-1B Season Update

Good news for those who filed H-1B petitions with a request for premium processing:  USCIS announced today that it will begin premium processing for cap-subject H-1B petitions requesting premium processing on April 27, 2015. More H-1B Information

H-1B Cap Reached

 

USCIS announced today that it has reached the H-1B Cap for 2016, including both the general category and the cap for advanced degree holders. USCIS will use a lottery system to select H-1B petitions that will be processed for a start date of October 1, 2015. USCIS cannot yet announce the date of the lottery due to the large number of H-1B petitions received.   Petitions not selected by the lottery will be returned along with the filing fees.

Employment for Husband or Wife of Some H-1B Workers


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Some husbands or wives of H-1B workers may file an application for permission to work in the US beginning May 26, 2015.

Who can apply?

  1. Must be in H-4 status and be married to an H-1B worker, and
  2. H-1B husband or wife must fit into one of the following groups:
    1. The H-1b worker has an approved I-140, but must wait to apply for a green card until an immigrant visa (green card) becomes available based on the Visa Bulletin (H-1B can file application for extension of status in three-year increments until he or she can apply for a green card, or
    2. H-1B  spouse can file application for extension of status in one-year increments because either a Labor Certification or an I-140 was filed for him or her before the end of the 5th year in H-1B status.

A husband or wife of an H-1B worker who meets the above requirements may file an Application for Employment Authorization on Form I-765 beginning May 26, 2015 with supporting evidence and a $380 filing fee.

What supporting Evidence is Required?

  1. Marriage certificate showing marriage to current H-1B husband or wife
    1. Evidence that shows H-1B husband or wife meets the above requirements for filing an application for extension of H-1B status beyond 6 years
  2. Entry Documents from Most Recent Entry to US
    1. I-94, either card (front and back) or printout
  3. Copy of most recent EAD
  4. If H-4 has never received an EAD, submit copy of government-issued identity document showing picture, name and date of birth, such as,
    1. Passport
    2. Birth certificate with a photo ID
  • Visa issued by foreign consulate, or
  1. -National identity document
  2. Two identical color photographs of yourself, taken within 30 days of filing your application

Warning!! No H-4 EAD applications will be accepted before May 26, 2015. Do not pay anyone to file an EAD application for you before that date.

 

 

 

 

H-4 Employment

H-1B Season Is Here!

March 13, 2014: The earliest date that employers may file an H-1B petition is April 1, 2014.  We expect that the demand for H-1B visas will be higher than last year, so we strongly advise any employer who is planning to file an H-1B petition to file on April 1st, or as as possible soon after that date. Click on the link below for the USCIS  summary of the issues that H-1B employers face.

http://www.uscis.gov/working-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/h-1b-fiscal-year-fy-2014-cap-season